Can You File a Personal Injury Lawsuit After an Assault and Battery Charge?
Aug. 25, 2025
When someone has been a victim of assault and battery, they may wonder if they can pursue a personal injury lawsuit in addition to the criminal charges filed against the individual responsible. The question of whether a personal injury lawsuit can be filed after an assault and battery charge is one that many victims ask.
It’s important to recognize that assault and battery are both criminal offenses and personal injury claims, but they operate separately under the law. If you have been the victim of an assault, consulting a legal professional to understand your options can be vital.
At William L. Pomeroy Law, victims of assault and battery in Brentwood, Tennessee, can rely on knowledgeable legal counsel to help them pursue the right course of action. Whether a criminal conviction is achieved or not, filing a personal injury lawsuit is often still an option for those who have suffered harm. Here, we explore how these two legal processes differ, how you can file a personal injury lawsuit following an assault, and what you need to know to protect your rights.
The Difference Between Criminal and Civil Cases
In Tennessee, as in other states, assault and battery are considered criminal acts. A criminal case is initiated by the state, not the victim. The primary goal of criminal law is to punish the offender and deter future crimes.
On the other hand, a personal injury lawsuit is a civil case that an individual can file to seek compensation for the harm they’ve suffered, such as medical bills, pain, and suffering, lost wages, and more.
While these two types of cases are distinct, it’s important to note that a person can face both criminal charges and a civil lawsuit at the same time. Criminal charges are focused on punishing the defendant, while the civil lawsuit is focused on compensating the victim for the harm caused.
Criminal case: The government prosecutes the accused, with the goal of punishing the perpetrator (e.g., fines, jail time).
Civil case: The victim files the lawsuit to obtain compensation for injuries sustained due to the assault or battery.
A person who is convicted in a criminal case may still face a personal injury lawsuit. The outcome of the criminal case does not automatically prevent a victim from seeking damages through civil litigation.
What is a Personal Injury Lawsuit?
A personal injury lawsuit is a legal claim filed by someone who has suffered harm due to the negligence, recklessness, or intentional actions of another party. In the case of assault and battery, the victim may pursue a lawsuit for intentional harm.
The victim in such cases can seek compensation for various damages, including:
Medical expenses: Coverage for hospital stays, surgeries, and ongoing medical care.
Pain and suffering: Compensation for emotional distress and the physical pain experienced from the assault.
Lost wages: Compensation for income lost due to the injury and the time taken off work.
Punitive damages: These may be awarded in cases of extreme negligence or intentional harm to punish the defendant.
Filing a personal injury lawsuit allows the victim to seek compensation even if the perpetrator is not convicted in a criminal court. It’s essential to work with an experienced attorney to help guide the victim through the process of filing this type of lawsuit.
Can a Personal Injury Lawsuit Be Filed After an Assault and Battery Charge?
Yes, a personal injury lawsuit can generally be filed after an assault and battery charge, even if the criminal case does not result in a conviction. It’s important to understand that criminal and civil cases are separate legal processes.
Here are the reasons why someone may choose to pursue a personal injury lawsuit after an assault:
No conviction in the criminal case: A defendant may be acquitted or have the charges dropped, but the victim may still be able to pursue compensation through a civil lawsuit.
Financial compensation: Even if the defendant is found guilty in a criminal court, the state does not pay for the victim's medical bills, lost wages, or pain and suffering. A civil lawsuit is the best option for recovering these costs.
Higher burden of proof in criminal cases: In criminal law, the prosecutor must prove the defendant’s guilt “beyond a reasonable doubt.” In civil court, the standard is lower, and the victim needs to prove their case by a “preponderance of the evidence,” which is easier to meet.
In summary, filing a personal injury lawsuit after an assault and battery charge is a viable option, even if the criminal case does not result in a conviction, allowing the victim to seek compensation for their injuries and losses through the civil court system.
How to File a Personal Injury Lawsuit After an Assault and Battery Charge
If you have been the victim of assault and battery, you may be eligible to file a personal injury lawsuit. Here’s how to proceed:
Consult with an attorney: The first step is to contact a personal injury lawyer. They can guide you through the process, explain your rights, and determine if your case has merit.
Gather evidence: In order to strengthen your case, you’ll need to gather evidence, including medical records, police reports, witness statements, and any photos or video footage of the assault or injuries.
File the lawsuit: Your attorney will file a lawsuit in civil court, typically within one to two years of the assault, as Tennessee has a statute of limitations for personal injury claims.
Pretrial proceedings: During the pretrial phase, both sides will engage in discovery, which includes exchanging information, depositions, and settlement discussions.
Trial: If a settlement cannot be reached, the case may go to trial. At trial, the victim will present their case, and a judge or jury will determine the outcome.
It's critical to act quickly and consult with an attorney who can help gather evidence, meet legal deadlines, and assure that the victim's rights are protected throughout the legal process.
Potential Challenges in a Personal Injury Lawsuit Following an Assault
While it's possible to file a personal injury lawsuit after an assault and battery charge, there may be challenges that victims should be aware of. Some of these challenges include:
Criminal case outcome: If the criminal case resulted in a not guilty verdict, the defendant might argue that there was no assault or battery, making it harder to prove the civil case.
Insurance claims: If the defendant has insurance, such as homeowners or renters insurance, they may try to limit the payout or deny liability.
Defendant’s assets: If the defendant has limited financial resources, they may be unable to pay the damages awarded in the lawsuit.
Despite these challenges, victims of assault and battery may still be able to recover damages for their suffering. Working with an experienced attorney can help overcome these hurdles and improve the chances of a successful lawsuit.
Possible Outcomes in a Personal Injury Lawsuit After an Assault
The outcome of a personal injury lawsuit after an assault can vary depending on the specifics of the case. Some possible outcomes include:
Settlement: Most personal injury cases are settled out of court. A settlement may be reached before or during the trial. A settlement allows the victim to receive compensation without the stress and uncertainty of a trial.
Judgment: If the case goes to trial, the judge or jury may award the victim compensation for medical expenses, pain and suffering, lost wages, and more.
No award: In some cases, the court may not find in favor of the victim, particularly if the evidence is insufficient.
While the outcome of a personal injury lawsuit is never , victims may still have an opportunity for justice and compensation even if the criminal case doesn’t result in a conviction.
Reach Out to an Attorney
The William L. Pomeroy Law firm in Brentwood, Tennessee, serves clients across Franklin, Murfreesboro, and Middle Tennessee, and is committed to helping victims of assault and battery work through the civil lawsuit process and work toward obtaining fair compensation for their suffering. Reach out to the firm today to discuss your case and take the first step toward seeking justice.